Orange County NcArchives Wills.....James, Thomas February 15, 1832 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 268-269 Written: February 15, 1832 Recorded: Feb 1832 Testator: Thomas James This is the last will and testament of me Thomas James of Orange County & State of North Carolina First I Will and Direct that all my Just Debts and funeral expenses be full paid & Satisfied and Subject thereto & for that purpose I set apart all such Debts as may be due me and in case that that[sic] they may be insufficient I Will and Direct that my executor sell such part of my property hereafter mentioned as can best be Spared & with least injury to my Widow & family as shall raise an adequate Sum for the full discharge of all my Debts. Secondly. It is my Will that my beloved wife Elizabeth James be possessed of all my property both real and personal consisting of the Tract of land whereon I now live my negro Girl Mily my house hold furniture Stock of Horses, cattle, hogs &c with all other property of which I am now possessed until my Youngest child shall arrive at the age of Twenty One Years unless she should marry again, this devise being to my wife and Children for the purpose of my Said children being raised and when my Youngest Child shall arrive at the age of Twenty One Years or in the event of my wife Marrying again before that time I Will & Direct that my executor sell all my property both real and personal and that the proceeds of such Sale be equally divided between my three sons first paying the costs and charges arising from the execution of this my last Will and Testament And I do hereby constitute and appoint my worthy friend James Rhodes executor of this my last Will and Testament hereby revoking all former Wills by me made ["heretofore" x-out] and In Witness whereof I have hereunto set my hand and affixed My seal to this my last Will and Testament the fifteenth day of February in the year of our Lord One Thousand Eight hundred and Thirty two Signed seal[ed] published and declared his by the above named Thomas James as and Thomas (X) James (Seal) for his last Will and Testament in the mark presence of us who have hereto subscribed our names as Witnesses thereto in the presence of the said Testator and in the presence of each other Silas M. Link Wmson Burton Jurat [Will Book Volume E, page 268] This is the last will and Testament of me Thomas James of Orange County & State of North Carolina First I Will and Direct that all my Just Debts and funeral expenses be full paid & Satisfied and Subject thereto & for that purpose I set apart all Such Debts as may be due me and in case that that[sic] they may be insufficient I will and Direct that my executor sell Such part of my property hereafter mentioned as can best be Spared & with least injury to my Widow & family as shall raise an adequate Sum for the full discharge of all my Debts Secondly. It is my Will that my beloved Wife Elizabeth James be possessed of all my property both real and personal consisting of the Tract of land whereon I now live my negro Girl Mily my house hold furniture Stock of Horses cattle hogs &c with all other property of which I am now possessed until my Youngest child Shall ["come" x-out] arrive at the age of Twenty One Years unless she should marry again this devise being to my wife and Children for the purpose of my Said Children being raised and when my Youngest Child shall arrive at the age of Twenty One Years or in the event of my wife marrying again before that time I will & Direct that my Executor sell all my property both real and personal and that the proceeds of such Sale be equally divided between my three sons first paying the cost[s] and charges arising from the Execution of this my last Will & Testament [Will Book Volume E, page 269] And I do hereby constitute and appoint my worthy friend James Rhodes Executor of this my last Will and Testament hereby revoking all former Wills by me made and In Witness whereof I have hereunto set my hand and affixed my seal to this my last Will and Testament the fifteenth day of Febru =ary in the year of our Lord One thousand Eight hundred an[d] thirty two his Signed sealed published and declared Thomas (X) James (Seal) by the above named Thomas James as and mark for his last Will and Testament in the presence of us who have hereto subscribed our names as Witnesses thereto in the presence of the said Testator and in the presence of each other Silas M. Link Wmson Burton Orange County February Term 1832 The Execution of the foregoing Last Will & Testament of Thomas James decd. was duly proved in open Court by the Oath of Williamson Burton a subscribing Witness thereto and ordered to be Recorded Test Additional Comments: Will Book Volume E, pages 268-269 Recorded Feb 1832 Estate Papers comprise 15 pages and are found in a folder labeled "James, Thomas (1832)". King Barbee was appointed administrator in Nov 1832. Testator's widow later married Willie Cain. William N. Pratt was appointed guardian of Zachariah, Nelson and James, "only children of Thomas James". The widow dissented from the will, and petitioned for a one-fourth part of the estate, thus the slave mentioned in the will (negro Girl Mily) became property of the estate, and was ordered to be sold. The details of the transaction are not found in the papers. There is an additional folder, undated, labeled "James, Thomas" that pertains to this estate. It is comprised of three pages. No additional family history found.